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© 2019 Hitesman & Wold, P.A. MEDSURETY, LLC Cafeteria Plan 1-888-816-4234, www.medsurety.com Basic Plan Document 35 d. If neither person is the individual’s parent, the child is the Qualifying Individual of the person with the highest adjusted gross income for the year in question. However, if that person does not claim the child as a qualifying child (as defined in Section 152 of the Code) for any purpose (i.e., a dependent care expense reimbursement program, the Earned Income credit, the dependency deduction, the child tax credit, and the dependent care credit), then the child is the Qualifying Individual of the other person (i.e., the person with the lowest adjust ed gross income). This is the one person that is entitled to treat the child as a Qualifying Individual. (k) Student shall have the meaning provided in Section 21(e)(7) of the Code which means an individual who during each of five (5) calendar months during the taxable year is a full time student at an educational organization which normally maintains a regular facility and curriculum and normally has a regularly enrolled body of students in attendance at the place where its educational activities are regularl y carried on as provided in Sections 21(e)(8) and 170(b)(1)(A)(ii) of the Code. 10.4 Credits and Debits to DC Account. The DC Account will be credited as of each d ate contributions are made pursuant to Article IV with a pro-rated portion of the Participant’s Election for the Plan Year. A Participant’s DC Account will be decreased from time to time in the amount of payments made to the Participant for eligible Dependent Care Expenses incurred during the Plan Year or, if applicable, the Grace Period. 10.5 Claims Determination. Claim submission, determination, and appeals shall be handled in accordance with Article VI. 10.6 Incurred Expenses. To be reimbursable, an eligible Dependent Care Expense must have been incurred after participation in this portion of the Plan bega n and during the Plan Year or, if applicable, the Grace Period, for which reimbursement is claimed. An expense is “incurred” when the Participant is provided with the care which gives rise to the eligible Dependent Care Expense, not when the service is billed or paid. Reimbursement shall not be made for future or projected expenses. 10.7 Reimbursement of Expense. The Participant shall be reimbursed as specified i n Section 6.8(a) from the Participant’s DC Account for eligible Dependent Care Expenses incurred during the applicable Plan Year or, if applicable, the Grace Period for which the Participant submits the documentation required under Article VI. In no case shall a payment be made which exceeds the balance in the Participant’s DC Account at the time reimbursement is processed. Claims for reimbursement with respect to a Plan Year and, if applicable, the Grace Period, must be submitted prior to the close of the Claims Run-Out Period for such Plan Year. If a claim for reimbursement exceeds the available b alance in the Participant’s DC Account, the excess part of the claim will be carried over and paid as the Participant’s DC Account becomes adequate. Under no circumstances (a) will any balance remaining in a Participant’s DC Account at the end of the Plan Year or, if applicable, the Grace Period be carried over to the next Plan Year, or (b) will an otherwise eligible Dependent Care Expense be carried over to the next Plan Year. 10.8 Maximum Reimbursement. The maximum reimbursement which a Participant may receive in a tax year under this portion of the Plan shall be the lesser of: (a) The Participant’s Earned Income for the tax year;